No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising.

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Presentation transcript:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Double Jeopardy Self-Incrimination Due Process People

 The idea stated in the 5th Amendment and 14th Amendment that every person involved in a legal dispute is entitled to a fair hearing or trial.  Procedural Due Process:Citizen’s right to fair access to the courts and to fair treatment in those courts. Generally, a right to fair treatment when government action affects a person’s interests.  Procedural Due Process: Citizen’s right to fair access to the courts and to fair treatment in those courts. Generally, a right to fair treatment when government action affects a person’s interests.  Substantive Due Process:Used by courts to protect basic freedoms by making sure that government doesn’t violate a fundamental right without good reason.  Substantive Due Process: Used by courts to protect basic freedoms by making sure that government doesn’t violate a fundamental right without good reason.

Being tried twice for the same offense: Protects against three distinct abuses: [1] second prosecution for the same offense after acquittal [2] a second prosecution for the same offense after conviction [3] multiple punishments for the same offense.

Cannot be forced to testify against self in criminal case Prosecutor can’t point this out to jury Gives you immunity from hurting yourself